Gregory v Benham

Gregory v Benham

The Master did not err in law or fact and exercised discretion correctly in refusing to extend time for service of particulars, given the claimant's wholesale failure to comply with procedural rules and lack of adequate justification for delay.

Parties
Appellant/claimant: Kevin Gregory; Respondent/defendant: Robert Benham
Jurisdiction
England and Wales
Judgment Date
26 October 2012
Procedural Posture
Civil Appeal / Appeal From Order Striking Out Claim for Late Service of Particulars
Outcome
Appeal dismissed; Master’s order upheld.
Legal Topics
Extension of Time, Service of Particulars, Limitation Period, Compliance With Pre Action Protocol, Striking Out Claims
Civil Procedure Defamation Extension of Time Service of Particulars Limitation Period Compliance With Pre Action Protocol Striking Out Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Kevin Gregory

Appellant/claimant

Robert Benham

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Order Striking Out Claim for Late Service of Particulars

Legal Issues

  1. 1 Whether the Master erred in refusing to extend time for service of particulars of claim
  2. 2 Whether the claim should be struck out for late service
  3. 3 Whether discretion was exercised correctly

Ratio Decidendi

The Master did not err in law or fact and exercised discretion correctly in refusing to extend time for service of particulars, given the claimant's wholesale failure to comply with procedural rules and lack of adequate justification for delay.

Court Disposition

Appeal dismissed; Master’s order upheld.

Orders

  • Claim struck out for late service of particulars of claim.
  • No extension of time granted for service.